Most people know at least part of the Miranda Rights (or Miranda warning,
as it is sometimes known) just from watching movies and television. Fewer
people, however, know what purpose these rights serve and what they mean
for a criminal charge. When it comes to criminal defense, often one of
first things to evaluate is how the accused conducted themselves in custody—and
what, if anything, they told the police.
The complete Miranda Rights are as follows:
- You have the right to remain silent.
- Anything you say can and will be used against you in court.
- You have the right to talk with an attorney and have one with you during
- If you cannot afford an attorney, a public defender will be assigned to you.
- You can decide to exercise any of these rights at any time.
Why are these rights part of the arrest process? For the accused's
protection. The law understands that not every citizen who is taken into
custody understands how the process of charging and trying criminal offenses
work—and self-incrimination is a real concern. The Miranda Rights
are in place to inform us that we do not have to speak to police without
legal counsel. Without knowing these rights, many would feel compelled
or intimidated into speaking to police and the statements made in custody
could be misconstrued or presented against them in court.
"Does not being read my Miranda Rights invalidate my charge?"
As important as the Miranda Rights are, there are some common misconceptions
about their power over the validity of a criminal charge. When Miranda
Rights are not read to them during an arrest, many believe their charge
is invalidated and they can be released. This, unfortunately, is not true.
If you are not read your Miranda Rights at the time your arrest, it simply
means that everything you say while in police custody is non-admissible
in court. While this might be helpful to some, it does not affect the
actual, original criminal charge they were arrested for—and they
still must face potential consequences.
Have more questions about your arrest and Miranda Rights? Contact us at
The Law Office of Jason Luong, PLLC today. Attorney Luong is an award-winning former prosecutor with an unparalleled
insight into defending his clients against the most serious of allegations.
Face your criminal charges with a trusted advocate by your side. Contact
our firm to schedule a
free case evaluation today.